Verma d. Ashish
18 August 2008 at 07:27
the fact of the casr are:
STATEMENT OF FACTS GIVING RISE TO THIS APPEAL ARE THAT:
# Gurdip singh and Sohan singh were step brothers and the equal partition of their agricultural land was done by their father Murta singh 10 years ago in Delhi.
# Murta singh lived with Sohan singh since the partition leading to the dissatisfaction of Gurdip singh on being treated unequally.
# Gurdip singh was a night guard in a bank but their main occupation was agriculture and the irrigation was done from a common well which remained the bone of contention between the two step brothers.
# On the day of the incidence, Gurdip singh at about noon came and asked for the water for the irrigation of his field which was declined by Sohan singh which led to the heated arguments between the two brothers.”
# Murta singh was present there and he took the side of Sohan singh,Then sohan singh uttered “ you son of a concubine”,"GO AWAY" on hearing this Gurdeep singh left the field and returned along with Santok singh who was a colleague in his bank. Gurdip singh came with his licensed .303 rifle and fired one shot from a close range with his rifle hitting sohan singh on his right knee and a second shot on his biceps of left arm. Gurdip singh left the field and sohan singh was taken to the hospital. He died on the way due to excessive bleeding.
Trial and sessions judge convicted Gurdip singh under section 302 of the Indian penal code and Santok singh under section 302 read with 34 of the Indian penal code.
KIndly guide the best possible solution for the defence....and also some recent supreme court decisions.
regards
Verma d. Ashish
17 August 2008 at 14:45
how important is the word "sudden" in the grave and sudden provocation..what can we do in case if the accused went off to bring his rifle on being provocked and shoots the deceased twice who died due to excessive bleeding in his way to the hospital.the first shot was made with a close range on the right knee and the second on the bicep's of the left arm..and accused left the field..the acuused was the professsional night guard in the bank..please guide if there is any scope to prove that the accused lost his self-control and took the step.its a case of appeal in the high court against the conviction passed by trial and sessions judge under sec 302 of the indian penel code.
ANURAG
16 August 2008 at 16:14
1.>what is the extent of the limitation of the word "sudden" in the section 335 and 334 of the ipc that is grave and sudden provocation leading to death of the deceased.
2.>acc to sec 300(3) of the IPC that the bodily injury shud be sufficient i ordinary course of nature to cause death. on what grounds or evidence can the word "sufficient" be proved.
3.>how one accussed can get the benefit of doubt if he has caused bodily injured that is shooting someone twice, the provocation being grave but not sudden in this case as the accussed went off to bring his gun and came along with a colleague .
Shekhar
16 August 2008 at 13:11
Pls. share the various way through to get the complaint copy from the police station ?
smith sharma
14 August 2008 at 18:46
Respected members,
pls guide me abt crime conclusion.It's urgent pls.
thanx
with regards
Mis. Smith Sharma
bhagwant
14 August 2008 at 12:03
Boy from college having age of 24 blasted fire cracker in class room, he is caught, one stuedent of age more than 18 got injured. Now tell under what sections of IPC that boy will be charged. Please answers are invited from Advocates who are having knowledge of law and who knows correct section. Vague suggestions will be ignored.
lawyers friend
14 August 2008 at 00:53
sir i think 406 cr.p.c is "criminal trust of breach" if bank file case against me u/s 406 cr.p.c. can i also file case against bank u/s 406 cr.p.c. because bank told me charge rate of interest @ 0.99% but they charge @ 2.95%.can i file any criminal case against bank so they come on back foot and agree to clear my dues for reasonable amount.
ajay kumar
13 August 2008 at 23:37
i take pl from one mnc bank in India.due to money crisis i not able to pay my emi regularly, now bank used my security cheque for payment of pl and that cheque return due to "stop payment".now what can i do.
sir bank not give me any loan recall notice etc....but they used my security cheque for full amount of loan.can they present security cheque for full amount or JUST EMI AMOUNT DUE ON EMI.
bhagwant
13 August 2008 at 10:20
One mischievous boy blasted fire cracker in class room, due to which one student injured, under what section offence will be registered.
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Dissertion , Dowry Harrassment & Cheating
Sir,
My marriage was arranged by my husband's family without my family or anyone else in June 2004. I have a boy baby of 3 yrs 6 months. He and his family continuously tortured me for bringing wealth from my family. My husband started advertising in matrimonial websites for his marriage within 5 months of our marriage. My in-laws didnot bother anything about it. His behavior was very different and only last year, I came to know that he was arrested in his native and kept in jail for around 9 days and all dailies published the news. The girl who lodged police complaint has given an exclusive interview in a popular tamil magazine.As I reside in Bangalore, I was unaware of all these. I was shocked to hear this as neither he nor his parents and the only sister hidden this fact from me for more than 3 years. Last year, he disserted me and my kid.I tried all means to get in touch with my husband. But his parents and sister demanded huge sum from me if I had to talk to my husband. I had no other go but to lodge a complaint in bangalore police statiion stating Dissertion, Dowry Harrassment and Cheating.
Now he is only appearing in the court here.His family members not appearing and claim for exemption from personal exemption on medical grounds and travelling distance. They are not ready to bear the responsibility of sheltering and protecting me and my kid.
Through their counesl, they compel me to withdraw the case if to find any solution to the problem. Please suggest me how to make my family life continue free of troubles.